CLA-2-73:OT:RR:NC:N1:116

Mr. Rajeev Kapoor
Sumitec International, Inc.
577 Hillcrest Dr.
Bolingbrook, IL 60440

RE: The tariff classification of finished stainless steel flanges from China

Dear Mr. Kapoor:

In your letter dated February 16, 2022, you requested a tariff classification ruling.

There are four types of stainless steel flanges that you plan to import. According to your submission, these items are forged flat plate ring flanges that will be used in low pressure water pipelines. Item 1 is described as a stainless steel flange manufactured to AWWA C207 Class B, Class D, Class E and Class F standards, as well as to ASTM/ASME A/SA 182 Grade 304, 304L, 304H, 316, 316L and 316H standards. The item will be imported in sizes from 4 inches to 24 inches.

Item 2 is described as a stainless steel flange manufactured to AWWA C207 Class B, Class D, Class E and Class F standards, as well as to ASTM/ASME A/SA 240 Grade 304, 304L, 316 and 316L standards. The item will be imported in sizes from 4 inches to 24 inches.

Item 3 is described as a stainless steel flange manufactured to AWWA C228 Class SA, Class SB, Class SD, Class SE and Class SF standards, as well as to ASTM/ASME A/SA 240 Grade 304, 304L, 316 and 316L standards. The item will be imported in sizes from 4 inches to 24 inches.

Item 4 is described as a stainless steel flange manufactured to AWWA C228 Class SA, Class SB, Class SD, Class SE and Class SF standards, as well as to ASTM/ASME A/SA 182 Grade 304, 304L, 304H, 316, 316L and 316H standards. The item will be imported in sizes from 4 inches to 24 inches.

The applicable subheading for all four of the finished stainless steel flanges will be 7307.21.5000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for tube or pipe fittings (for example, couplings, elbows, sleeves), of iron or steel: other, of stainless steel: flanges: other. The rate of duty will be 5.6 percent ad valorem.

Effective July 6, 2018, the Office of the United States Trade Representative (USTR) imposed an additional tariff on certain products of China classified in the subheadings enumerated in Section XXII, Chapter 99, Subchapter III U.S. Note 20(b), HTSUS. The USTR imposed additional tariffs, effective August 23, 2018, on products classified under the subheadings enumerated in Section XXII, Chapter 99, Subchapter III U.S. Note 20(d), HTSUS. Subsequently, the USTR imposed further tariffs, effective September 24, 2018, on products classified under the subheadings enumerated in Section XXII, Chapter 99, Subchapter III U.S. Note 20(f) and U.S. Note 20(g), HTSUS. For additional information, please see the relevant Federal Register notices dated June 20, 2018 (83 F.R. 28710), August 16, 2018 (83 F.R. 40823), and September 21, 2018 (83 F.R. 47974). Products of China that are provided for in subheading 9903.88.01, 9903.88.02, 9903.88.03, or 9903.88.04 and classified in one of the subheadings enumerated in U.S. Note 20(b), U.S. Note 20(d), U.S. Note 20(f) or U.S. Note 20(g) to subchapter III shall continue to be subject to antidumping, countervailing, or other duties, fees and charges that apply to such products, as well as to those imposed by the aforementioned Chapter 99 subheadings.

Products of China classified under subheading 7307.21.5000, HTSUS, unless specifically excluded, are subject to the additional 25 percent ad valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.03, in addition to subheading 7307.21.5000, HTSUS, listed above.

The tariff is subject to periodic amendment so you should exercise reasonable care in monitoring the status of goods covered by the Notice cited above and the applicable Chapter 99 subheading

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided at https://hts.usitc.gov/current.

You have also inquired about the AD/CVD applicability of these items. Please be advised that the stainless steel flanges may be subject to antidumping duties and countervailing duties (AD/CVD). Written decisions regarding the scope of AD/CVD orders are issued by the Enforcement and Compliance office in the International Trade Administration of the Department of Commerce and are separate from tariff classification and origin rulings issued by Customs and Border Protection (CBP). You can contact them at https://trade.gov/enforcement/ (click on “Contact Us”). For your information, you can view a list of current AD/CVD cases at the United States International Trade Commission website at https://www.usitc.gov/trade_remedy/documents/orders.xls, and you can search AD/CVD deposit and liquidation messages using CBP’s AD/CVD Search tool at https://aceservices.cbp.dhs.gov/adcvdweb.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Angelia Amerson at [email protected].

Sincerely,

Steven A. Mack
Director
National Commodity Specialist Division